ACS 247 LTD. TERMS AND CONDITIONS

Last updated: May 1, 2023

The following Terms and Conditions (these "Terms") govern your access to and use of the ACS 247 Ltd. ("ACS") Program (as that term is defined below) via our e-health platform. In consideration of your right to access and use the Program, you accept and agree to these Terms, without variation.

IMPORTANT! YOUR ACCESS TO THE PROGRAM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE PROGRAM IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM.

As used in these Terms, "you" means (and "your" refers to) the Program Participant (as that term is defined below), "we" means (and "us", "our", and "ours" refer to) ACS, and "Program" means ACS's e-health platform and its branded programs (including, but not limited to, SlimCan™). Each branded Program of ACS provides Program Participants an opportunity achieve desired health outcomes by accessing our network of service providers through the Program. The Program uses electronic methods, a network of service providers (each, an "NSP"), and care coordinators (individually, a "CC", and collectively "CCs"), to facilitate obtaining new and continuation of Treatment Plan(s) (as that term is defined below) and related health services or other products which members of the Program request from time to time. Each individual who is accepted for enrollment in the Program pursuant to the terms and provisions of these Terms is referred to as a "Program Participant", with all of such individuals being referred to collectively as "Program Participants".

The Program enables Program Participants to receive access to our NSPs, including individual:

• Prescribers (each, a "Prescriber") who are authorized to issue Treatment Plans, which may contain Prescriptions (being a direction that a stated amount of a drug specified in such direction be dispensed for the Program Participant, and "Prescription Medication" means a drug dispensed pursuant to a Prescription) and non-Prescriptions;
• other providers of health care or related services; and
• pharmacists of pharmacies.

The individuals who form part of this network of service providers are called NSPs. In some cases, we may instead provide access to third party out-of-network service providers ("ONPs"). NSPs and ONPs are together referred to as "Providers".

We can help you procure or arrange the delivery of telehealth services or products provided or sold by Providers (whether requiring a Prescription, or not) (which, collectively, form part of your "Treatment Plan"), on your behalf.

Through the Program, you can access several services from us or Providers (as the case may be), including:

• receiving information about your Treatment Plan;
• all-inclusive pricing for your Treatment Plan;
• facilitating purchases of electronic vouchers (each, a "Voucher") which entitle you to acquire your Treatment Plan and the products and services which form a part thereof, from Providers, including brand name or generic products which form part of your Treatment Plan;
• telecommunication technology to access Providers and / or to manage Treatment Plans;
• gathering of health care records and health care information with retention of the same for use in Provider appointments, communications, telemedicine and pharmacy services;
• administrative support in connection with scheduling, payment for Provider services, and payment for pharmacy services;
• an electronic clinical or therapeutic review (collectively referred to as the "telemedicine") to approve, review, renew, or issue a desired Treatment Plan;
• telecommunications support for using the Program as a means of direct access to auxiliary or affiliated professional entities for communication, consultations, assessments, and treatment by such organizations and their Providers;
• access to delivery of products and services made available pursuant to your Treatment Plan, including tracking, as made available by Providers;
• automated status updates and subscription refill reminders for Treatment Plans;
• enrollment in the Program on a continuous basis, but subject to free cancellation by the Program Participant;
• the ability to self-monitor and adjust Treatment Plan subscriptions, from time to time.

THE PROGRAM DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. ACS DOES NOT ITSELF PROVIDE ANY MEDICAL OR PHARMACY PRODUCTS OR SERVICES. PAYMENT FOR A TREATMENT PLAN OR PRODUCT VOUCHER DOES NOT GUARANTEE THAT A PROVIDER WILL APPROVE YOU FOR ANY PARTICULAR PRODUCTS OR SERVICES. DELIVERY AND SHIPPING IS THE RESPONSIBILITY OF THE PROVIDERS. WE DO NOT SHIP OR DELIVER ANY PRODUCTS OR SERVICES.

PLEASE NOTE THAT THERE IS A LIMITED POWER OF ATTORNEY IN THESE TERMS. Among other things, it authorizes us to (where necessary):

• secure and submit the prepaid Voucher for your Treatment Plan via the Program;
• deal directly with your Prescriber or other health care providers, to obtain a Treatment Plan or refer you to one; and
• if you choose to have products which form part of your Treatment Plan picked up and delivered to you from a pharmacy, to appoint a third party such as a courier to act as your agent for the purposes of taking possession of your order at the pharmacy and then delivering it to the address you supplied.

IN ADDITION, THERE ARE TERMS AND PROVISIONS WITHIN THESE TERMS THAT LIMIT OUR LIABILITY TO YOU, PROVIDE FOR AN INDEMNITY IN OUR FAVOUR, AND INCLUDE YOUR AGREEMENT TO SETTLE DISPUTES IN A PARTICULAR JURISDICTION (AND WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION). AGAIN, PLEASE DO NOT ENROLL IN THE PROGRAM OR USE ANY OF OUR SERVICES, IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS.

1. Any individual may apply for enrollment in the Program, and, if accepted, will become a Program Participant.
2. Program Participants may purchase Vouchers for Treatment Plans from one or more Providers through the Program, using one of ACS's digital telecommunication services, either directly or in conjunction with a CC. CCs will help Program Participants facilitate their purchases of Treatment Plans. This assistance may include obtaining and transmitting the information necessary for the Provider to fulfill a Program Participant's order of products forming part of their Treatment Plan.
3. When a Program Participant contacts a CC, the CC will provide the Program Participant with the cost to the Program Participant of all aspects of a Treatment Plan which are available from each Provider. A single, all-inclusive price will be quoted for each aspect of the Treatment Plan, which price will include, without limitation, the cost to the Program Participant of the product(s) forming part of the Treatment Plan quoted together with all service charges, commissions and delivery charges charged by any and all parties connected with the transaction including, but not limited to, ACS, each Provider, the CC and any delivery service used. Upon receipt of payment, ACS will be responsible for allocating the funds amongst the parties accordingly. Treatment Plan offerings and price lists are subject to change, without notice, in the sole discretion of ACS.
4. When you provide a payment to ACS as part of the Program, you receive from us a Voucher, which is then applied against the costs of securing products and services which form part of your Treatment Plan and fulfilling your order, as indicated in Section 3. All Vouchers are non-refundable, except as set out in these Terms.
5. Each Voucher is only valid for the Provider that has been chosen by the Program Participant. If you are ineligible for the selected Treatment Plan or if your order cannot be fulfilled due to unavailability or any other reason, we will notify you by email and or text promptly and issue a refund to you within 7-10 business days. Except in these limited circumstances, all sales are final and irrevocable, and no refund will be issued.
6. Vouchers will be issued and submitted for fulfillment and, if applicable, delivery, as per your selection and instructions made through the Program.
7. The card submitted for payment, or your account, may be processed to be debited for the entire balance of your Treatment Plan, even if your payments for Vouchers are by the terms of the Program and your subscription to be paid at a later time.
8. Vouchers will be issued and submitted for fulfillment as per the schedule that is outlined to and accepted by you through the Program, and you will be charged in accordance with that schedule.
9. We may offer a "Continuous Enrollment" subscription model, which enables you to "set it and forget it", to avoid running out of products which form part of your Treatment Plan, and so that you never need to remember when to refill. Under this model we automate the schedule for you, and send timely reminders should you need to pause, adjust, or cancel your Treatment Plan.
10. The Program also provides access to an array of auxiliary concierge services for Program Participants who may need a little help navigating, coordinating, accessing, managing, required provisions of care.
11. Program Participants may have an opportunity to develop a personalized fitness program, tailored to their individual need and objective, as part of the Program. The Treatment Plan may include diet, exercise, and prescribed medications. Included in each plan is personalized training under our certified trainers, hand selected and monitored by our Providers.
12. Although certain parts of our sites and information are accessible by any individual, visitors are obligated to enroll in the Program with ACS in order to access services which are made available to Program Participants.

13. Enrollment in the Program is subject to criteria established by ACS, which criteria are subject to change in ACS's sole discretion, without notice. Some applicants may not qualify to join the Program as a Program Participant.
14. Each applicant desiring a Treatment Plan must be evaluated or re-evaluated by a Provider (whether via telemedicine or an in person appointment), in their sole professional judgement to confirm appropriateness of Treatment Plans, and the clinical criteria for participation in the Program, which includes Prescription Medication.
15. You may also be asked to provide information and otherwise respond to questions which are relevant to your participation in the Program (being referred to as a "Program Participant Questionnaire"). The Program Participant Questionnaire helps us ensure the Program is tailored to your individual needs.
16. Those individuals determined to be eligible for enrollment in the Program, shall receive a unique ACS Program Participant ID (the "ID") in such format as ACS may from time to time determine, which provides access to your account (your "Account"). Receipt or possession of an ID is not evidence that you have been accepted as a Program Participant. An individual who receives an ID must use the services ordinarily provided only to Program Participants, and then by such use, that individual confirms their status as a Program Participant.

17. My participation in the Program is voluntary, and at my own risk.
18. I agree to keep confidential my ID, username and password that constitute my Account.
19. I agree to use my Account for my own personal use and no allow anyone else to use my Account.
20. The Program and/or my participation in it may be terminated by ACS at any time with or without notice or cause.
21. I will comply with these Terms. If I fail to comply with these Terms, I will no longer be eligible to participate in the Program.
22. I agree and consent to ACS, ACS affiliates or Providers sending me disclosures, notices, messages, reports, reminders and other communications via text, email, mail, and / or voice messages. It is my responsibility to monitor these communications.
23. My participation in the Program shall not constitute or be construed as constituting a partnership, joint venture or principal agency relationship between myself and ACS.

24. I name and authorize each of ACS and any NSPs which will be supplying a product which forms part of my Treatment Plan to me, as my agent and attorney for the limited purposes of taking all steps, transmitting data, and signing all related documents on behalf of myself necessary to complete the sale of the product(s) to me in the jurisdiction in which the applicable NSP operates, including, without limitation:
1. appointing the third party such as a courier or postal service, who may be resident in a jurisdiction other than the jurisdiction where I am resident and / or be on the premises of the pharmacy which dispenses the Prescription, that will act as my agent for the purposes of taking possession of, directly from the pharmacy, then delivering to my address, the product(s) I have ordered as part of my Treatment Plan;
2. in such cases where a Prescription must be issued, re-written or co-signed by a physician licensed to practise medicine in the jurisdiction in which the applicable NSP operates, taking all necessary steps on my behalf to contact such physician and schedule an appointment or otherwise convey the relevant information that ACS or NSP has about me (including health information, Treatment Plan and product order history, Prescription(s) and my contact information) for their review; and
3. each of ACS and any such NSP(s) has the same authority in this regard as I would if I was personally present, taking those steps and signing those documents myself.
25. The power of attorney granted hereby is coupled with an interest and irrevocable during the time that I am a Program Participant.

26. I represent and warrant to ACS that:
1. I am of the age of majority in the jurisdiction in which I reside and I am not restricted from making my own medical decisions;
2. I will be the only person using products I order as a result of my Treatment Plan;
3. I will not order more than a 3-month supply of Prescription Medication and will use such Prescription Medication as directed;
4. I am financially responsible for all products and services I order as part of my Treatment Plan, and shall pay on a cash basis for any such products and services I am choosing to obtain;
5. I shall not submit a claim for reimbursement to any provincial, territory, state, national or federal healthcare programs for any costs of the products which form part of my Treatment Plan;
6. A physician ("Primary Physician") duly licensed to practice medicine in the country, province, territory, state, or other applicable jurisdiction, in which I reside, will prescribe any Prescription Medication which I order. Any Prescription(s) will be lawfully obtained by me from my Primary Physician, who examines me;
7. I will, to the best of my knowledge, fully and truthfully disclose all pertinent information and documentation required to fill my Prescription(s). I will notify ACS of any changes to my physical or medical condition by providing an updated Program Participant Questionnaire, in the form provided to me by ACS from time to time. It is my responsibility to have regular physical examinations by my Primary Physician, including all suggested tests to ensure I have no medical problems that contraindicate my taking the Prescription Medication;
8. I will immediately contact my Primary Physician in the event I experience any unexpected side effect(s) from the product(s) which I order as part of my Treatment Plan; and
9. I, and my Primary Physician, will monitor my Treatment Plan and make any adjustments which are appropriate or required in the circumstances.
27. I acknowledge and agree that I cannot return the Treatment Plan (including, without limitation, any products or services made available as a part thereof) or any Prescription Medication which I order for exchange or a refund.

28. The collection, retention, disclosure, and use of my personal health information by ACS shall be governed by the privacy policy of ACS in effect, and as amended, from time to time, in the reasonable exercise of ACS's discretion.
29. I authorize ACS to collect from me, my Primary Physician, any Prescriber, an NSP or my pharmacist, and share with any NSPs and pharmacists which fill my Prescription(s) or any physician who writes, co-signs or re-writes my Prescription(s), my personal health information, for the purposes of facilitating the filling of my Prescription(s). NSPs may also share my information with each other in order to fill my Prescription(s) and to promote safety.
30. I agree to pay all fees due for products which form part of my Treatment Plan and for which I have requested a Voucher. To facilitate the collection of fees from me I shall provide payment that I authorize ACS, our affiliates, or our third-party payment processors to charge the amount due and I agree to pay the total amount according to the card issuer or ACH bank agreement.
31. I understand and agree that where my order includes a Voucher (including, without limitation, a subscription for continuous enrollment as aforesaid) I will be charged for the Treatment Plan per the terms and conditions of my subscription.
32. As I have enrolled in the Program and initiated the request for provision of products which form part of my Treatment Plan, I shall authorize ACS, either:
    1. by paper;
    2. by telephone; and / or
    3. by online means,
    to electronically debit or credit my Account (each, an "ACH Authorization") and understand this ACH Authorization will remain in full force and effect until I notify ACS with no less than 7 business days' notice by writing, and / or by email, and / or by telephone to revoke this ACH Authorization. One-off future timing of and amount of debit shall be granted on a case-by-case basis to provide ACS permission to collect varying amounts as needed and so authorized by telephone or other online electronic confirmation protocols. In cases where I subscribe to a Treatment Plan or product which forms part of my Treatment Plan that is recurring, I shall confirm my verbal authorization additionally with a written online confirmation.
33. I shall authorize ACS, either
    1. by paper;
    2. by telephone; and / or
    3. by online means,
    to electronically debit or credit my credit card or other payment card each time I order a product or products which form part of my Treatment Plan. In cases where I subscribe to a Treatment Plan or product which forms part of my Treatment Plan that is recurring, I shall confirm my verbal authorization and when required confirm the same electronically.

34. If you receive a Treatment Plan as a result of the Program, you may select one of our NSP mail order pharmacies to ship any products and services which form a part of your Treatment Plan (including, without limitation, your Prescriptions).
35. I acknowledge and agree that ACS and the NSPs which fill my Prescription(s) are relying on the health information and documentation that is provided by me. This includes, but is not limited to, my Program Participant Questionnaire and all other related information I forward to ACS.
36. In all cases, ACS must receive a valid Prescription for fulfillment. We may coordinate a telehealth consultation, and, in some cases, a Prescription must be re-issued, re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the NSP filling my Prescription(s) operates. In the event my Prescription must be re-issued, so re-written or co-signed, the physician will evaluate my medical profile and may approve my Prescription but is in no position to modify the product(s) which I order as part of my Treatment Plan. This relationship does not replace the relationship I have with my Primary Physician.
37. When possible, any Prescription Medication that I order will be in original manufacturer's packaging which may or may not be in child resistant packaging, and I must indicate if I choose or choose not to have child resistant packaging supplied.
38. An NSP may substitute a generic Prescription Medication for a brand name Prescription Medication, where available, unless indicated there be no such substitution.
39. Habit forming, narcotic, or any other controlled Prescription Medications are not Prescribed nor available from our NSPs under our Program.
40. Prescribers and NSPs reserve the right to deny services for actual or potential misuse.
41. The sale and the provision of services to me takes place in the jurisdiction in which the fulfilling NSP operates, and I become the owner of the product(s) which form part of my Treatment Plan when the NSP places that (or those) product(s) in a container or otherwise completes the steps necessary to prepare it for my use. I am then responsible for personally importing such product(s) to my address in the jurisdiction in which I reside (including any import or duty fees associated therewith). Any steps connected with transportation are carried out by me or by someone acting as agent on my behalf and neither ACS nor its affiliates shall be responsible for any products forming part of my Treatment Plan which are lost, damaged or for which delivery to me otherwise fails. The risk of loss and title for such products passes to me when they are delivered to the carrier.
42. The pharmacists, contracted physicians and NSPs are located and licensed to practise pharmacy or medicine, as the case may be, in various jurisdictions. All treatment I receive from each of the said pharmacists, physicians and NSPs is being received in the jurisdiction in which each such pharmacist, physician or NSP is licensed and/or operates.
43. The Program Participant agrees that they become the owner of the products which form part of their Treatment Plan, or, if applicable, receive the services in the jurisdiction where the NSP is licensed or physically located, if any such product (whether a tangible good or service) crosses a territory, state, provincial or country border. The Program Participant is responsible for any duty, taxes, customs fees or any detained, seized, destroyed or denied entry of products which form part of their Treatment Plan.

44. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, OBTAINING PRODUCTS AND SERVICES FROM A PROVIDER), IS AT YOUR OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, PRODUCTS FORMING PART OF YOUR TREATMENT PLAN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
45. EXCEPT AS SET OUT HEREIN, WE TAKE NO RESPONSIBILITY FOR AND DO NOT ASSUME ANY OBLIGATION TO REVIEW OR PRE-SCREEN ANY PROVIDER WHO IS MADE AVAILABLE THROUGH THE PROGRAM, OR THE CREDENTIALS OR QUALIFICATIONS OF ANY SUCH PROVIDER.
46. EXCEPT FOR PRODUCTS AND SERVICES DELIVERED THROUGH THE PROGRAM AS PART OF YOUR TREATMENT PLAN, WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY PROVIDER, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU RECEIVE FROM PROVIDERS; (B) YOUR INTERACTION WITH ANY PROVIDER; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, WITH ANY PROVIDER; OR (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES, IN RESPECT OF SUCH TRANSACTIONS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.
47. There are risks inherent in telemedicine, which you acknowledge and accept by your entrance into the Program.
48. The Program is not an insurance plan.
49. The Program is designed mainly for individuals using maintenance medications for the treatment of long-term conditions.
50. ACS is not itself a pharmacy or medical professional. It will take reasonable steps to determine that any NSP which you choose is licensed under the laws of the jurisdiction where they operate. ACS is not responsible, however, for any errors or omissions that the NSP or any other Provider may make.
51. ACS does not itself provide any medical services or products. ACS provides an e-health platform to access Providers and their products or services. Such Providers shall always use their professional discretion in the performance of their duties. The Prescriber shall use their discretion in determining if a request for a Prescription is appropriate and the amount of investigation and dialogue with the Program Participant. The parties acknowledge and agree that these matters are in the sole control of Providers and we do not control or influence the performance of these activities in any manner whatsoever.
52. Due to legal restrictions or scarcity, there may be situations in which a product forming part of a Treatment Plan that a Program Participant may wish to order is not available.

53. I agree that: (i) all aspects of my relationship with; and (ii) any and all agreements reached, or contracts formed; and (iii) all medical or healthcare treatment I may receive from Providers pursuant to my Treatment Plan, in all cases throughout the course of my relationship with ACS and the Providers, shall be deemed to be made in the Province of Manitoba, and accordingly shall be governed by the laws of the Province of Manitoba applicable to such agreements and contracts, and I acknowledge that I am benefiting from such laws by engaging ACS to arrange for my order(s) to be filled.
54. Any dispute that arises between me and ACS, its affiliates, Providers, subsidiaries, officers, directors, shareholders, employees or agents, and all of their assigns, successors, legal representatives and heirs, as the case may be, shall be subject to the exclusive jurisdiction of the courts of the Province of Manitoba, including but not limited to, claims of negligence or malpractice. No action or claim may be brought more than a year after I receive the product(s) which I order as part of my Treatment Plan.
55. The dispute settlement provisions contained in these Terms shall survive regardless of the invalidity of these Terms in whole or in part.
56. UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THESE TERMS, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT OF ANY PROVIDER; OR (E) ANY MISDIRECTED OR LOST DATA, OR UNAUTHORIZED ACCESS TO DATA; OR (F) ANY DUTY AT LAW OR IN EQUITY.
57. WE ARE NOT RESPONSIBLE FOR: (A) ANY PROBLEMS THAT ARISE FROM YOUR FAILURE TO PROVIDE FULL AND ACCURATE INFORMATION IN ACCORDANCE WITH THESE TERMS; (B) SIDE-EFFECTS YOU EXPERIENCE FROM THE PRODUCT(S) WHICH YOU ORDER AS PART OF YOUR TREATMENT PLAN; AND (C) THE FAILURE OF PRODUCT(S) FORMING PART OF YOUR TREATMENT PLAN TO PRODUCE A PARTICULAR EFFECT THAT YOU OR YOUR PHYSICIAN EXPECT OR DESIRE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THESE TERMS OR YOUR USE OF PRODUCTS FORMING PART OF YOUR TREATMENT PLAN EXCEED A MAXIMUM AMOUNT EQUAL TO THE LESSER OF: (X) ACTUAL DIRECT DAMAGES YOU SUFFER; (Y) THE AMOUNT ACTUALLY PAID BY YOU TO US WITHIN THE TWELVE (12) MONTHS' PERIOD PRECEDING THE CLAIM; OR (Z) $1,000. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 50 REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.
58. EXCEPT AS SET OUT IN SECTION 50, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE PROGRAM.
59. YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE PROGRAM.
60. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS PART OF THESE TERMS MAY NOT APPLY TO YOU. FOR THE PURPOSE OF THIS "RELEASE & DISPUTES" PART OF THE TERMS, THE TERMS "WE", "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS' AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

61. These Terms constitute the entire agreement between ACS and myself, and ACS and I have no additional obligations or liabilities to one another due to any other statements we may have made prior to my agreeing to be bound by these Terms.
62. Any provision in these Terms that is invalid or unenforceable shall be deemed to be severable from the other provisions contained in these Terms.
63. The provisions of Sections that are by their nature intended to survive termination of these Terms shall survive termination of these Terms including, but not limited to, Sections 20, 21, 24 to 26, 34 and 36 to 59.
64. The parties hereto have required that these Terms and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
65. We will not be liable for failure or delay in our performance of our obligations under these Terms due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files; or (d) shortages or regulatory restraints that preclude the making available of certain products forming part of your Treatment Plan to you.
66. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Program, and, where, applicable, you also agree to opt out of any class proceedings against us or our Providers.
67. In these Terms, "business day" means a day other than a Saturday, Sunday or any day on which the principal chartered banks located in the city of Winnipeg, in the province of Manitoba, Canada are not open for business during normal banking hours.
68. Each of the parties hereto shall use commercially reasonable efforts to, from time to time at the request of the other party, without any additional consideration, furnish the other party such further information or assurances, execute and deliver such additional documents, and take such other actions and do such other things, as may be reasonably necessary or appropriate to carry out the provisions of these Terms and give effect to the transactions contemplated hereby.
69. Except as otherwise set out herein, no waiver of any right, remedy, power or privilege under these Terms ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right.
70. These Terms and any rights or obligations hereunder are not assignable by me without the prior written consent of ACS (which may be withheld by ACS, in its sole discretion). ACS may assign its rights and obligations hereunder upon notice to me. These terms are binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.
71. Any reference to these Terms includes any and all amendments which may be made thereto, from time to time, by ACS, in its sole discretion.